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David Wayne Charles v. State
Citation: Not availableDocket: 01-11-00496-CR
Court: Court of Appeals of Texas; August 11, 2011; Texas; State Appellate Court
Original Court Document: View Document
David Wayne Charles pleaded guilty to delivering a controlled substance and was sentenced to two years in confinement per a plea bargain with the State. Following this, he filed a timely notice of appeal. However, the Court of Appeals for the First District of Texas dismissed the appeal due to lack of jurisdiction. In plea-bargained cases where the punishment does not exceed the plea agreement, a defendant can only appeal issues raised by pre-trial written motions or with the trial court's permission. The trial court certified that this was a plea-bargained case and that Charles had no right to appeal, and the record corroborated this certification. Consequently, the court dismissed the appeal and any pending motions as moot. The opinion was issued by a panel consisting of Justices Jennings, Bland, and Massengale, and is not to be published.